“public
records” means any paper, written or printed book, document or
drawing, map or plan, photograph, microfilm, sound-recording or similar
device, or any copy thereof which has been made or is required by law
to be received for filing, indexing, or reproducing by any officer,
commission, agency or authority of the State or of any political subdivision
thereof, including subordinate boards thereof, or that has been received
by any such officer, commission, agency or authority of the State or
of any political subdivision thereof, including subordinate boards thereof,
in connection with the transaction of public business …
As such, they are
classified and protected by law and subject to demand by the State of
New Jersey, through judicial process if necessary, as stipulated by
New Jersey Statutes 47:3-27 & 28:
The
[Division of Archives and Records Management] is empowered to demand
and receive from any person any public record in Private Individual possession
belonging to this State, or to any county, municipality or school
district thereof.
Any
person who is entitled by law to the custody of public records shall
demand the same from any person in whose possession they may be, and
such records forthwith shall be delivered to the officer charged by
law with their custody.
This law was and
is retrospective, retroactive and founded in common law and colonial
and early state statutes regarding the preservation of public records.
Through the New Jersey State Constitution of 2 July 1776, which adopted
the full extent of colonial law then in place, and subsequent constitutions
and legislation, Title 47 of New Jersey Statutes is applicable
and enforceable with respect to official records of both the Colony
and State of New Jersey and its subdivisions.
By law, the State
of New Jersey retains ownership of any and all public records regardless
of the circumstances of custody, alienation and provenance. New Jersey
public records cannot be legally held by another party without a
depository agreement duly executed by, or with the approval of, the
New Jersey Division of Archives and Records Management.
Please be advised
that New Jersey State Archives has reported the theft of the documents
listed in the pages linked below to both the New Jersey State Police
and the Federal Bureau of Investigation (FBI). One or both of these
agencies will be notified should any of these documents be advertised
for sale or auction, or discovered to be in the custody of any person,
corporation, organization or agency other than New Jersey State Archives,
which is the legal owner.
Be further advised
that New Jersey State Archives invites the voluntary return of
any such documents to the State of New Jersey. In such instances, the
State Archives will suspend formal demand and legal process to recover
such documents and will, upon receipt of them, acknowledge the same
as a donation to the State Archives. The State may also exercise discretion
in negotiating mutually beneficial terms for the return of such documents
and formal acknowledgement of their legal ownership. This may include
planned public and/or media events, such as our celebration of the Bernstein
and Sang Donations.
Please contact:
archives.collections@sos.state.nj.us or call 609-292-9507 (Joseph Klett),
609-984-3299 (Karl Niederer) or 609-292-1570 (Ellen Callahan) should
you have questions, would like to report the whereabouts of alienated
public records of New Jersey, or would like to arrange for the donation
of records.
Public
records known to be alienated from the State include, but are not limited
to, the following:
Enrolled Laws of the Royal Colony of New Jersey:
1703 – 1711
1714 – 1716
1717 – 1725
1728 – 1740
1741 – 1749
1751 – 1756
1757 – 1761
1762 – 1764
1765
1766 – 1768
1769 – 1772
1774 – 1775
Enrolled
Laws of the State of New Jersey:
1776 – 1777
1778
1779
1780 – 1782
1783 – 1786
1787 – 1804
Correspondence
of Governor William Livingston
1776
1777
1778
1779
1780
1781 – 1785
Miscellaneous
Filings of the Office of the Secretary of State
Legislative
Filings
Military
Papers
County
and Municipal Records
Note that the State of New Jersey has recovered alienated public records
from Private Individual individuals, manuscripts dealers, auction houses and institutional
collections as early as the 1860s. In most cases, this has occurred
through direct donation of alienated public records to the State
Archives.
However, in some
cases formal action under NJS Title 47 (cited above) was preceded
the recovery of the alienated records. This was done in the form of
notice by the Division of Archives and Records Management or the Attorney
General’s Office, investigation by law enforcement, judicial complaint,
court injunction, or a combination of these. As the table below demonstrates,
since its founding the State Archives has responded to known advertisements
and reports as to the location of alienated public records. In all cases
where a legal claim was formally asserted, the State’s statutory
ownership and prior filing of the alienated documents were thoroughly
researched and proven to the satisfaction of executive, legal and/or
judicial authorities. In cases where the party notified was compliant
without adjudication of the State’s claim, the return of the document(s)
was gratefully acknowledged as a charitable donation.
Returned Public Records
New Jersey State
Archives gratefully acknowledges the return of the public records listed
in the table below from the establishment of the former Bureau of Archives
and History (predecessor of the Division of Archives and Records Management)
to the present. Again, most were direct donations by civic-minded individuals
and institutions in support of the democratic and legal principles of
public access to government records and the rightful ownership of them
by the people.
Year
Received |
Description
of Records |
Received
From |
| 1946 |
Somerset County
Loan Office mortgage ledger, 1786-1799 |
Private Individual |
| 1956 |
Last will and
testament of John Hart, 1779 |
Manuscript/Book Dealer |
| 1956 |
Several missing
enrolled laws, 1911-13 |
Manuscript/Book
Dealer |
| 1958 |
Estate inventory
of John Hart, 1779 |
Private Individual |
| 1959 |
Civil War muster
roll, 1862-63 |
Private Individual |
| 1960 |
State Treasurer
accounts current (vouchers), 1865 |
Private Individual |
| 1962 |
Little Egg
Harbor Township minute book, 1877-99 |
Private Individual |
| 1978 |
Minutes of
the Board of Managers of the Geological Survey of
New Jersey, 1864-1904 |
Historical Repository |
| 1980 |
“An Act
for the Support of Government …,” 1763 |
Private Individual |
| 1982 |
Civil War muster
roll, 1863 |
Private Individual |
| 1982 |
Millham Township
minutes and vital records, 1882-90 |
Private Individual |
| 1983 |
New Jersey’s
original Treaty of Paris (preliminary articles), 1783 |
Historical
Repository |
| 1986 |
Civil War muster-out
rolls, 1865 |
Historical
Repository |
| 1987 |
Ratification
of the United States Constitution, 1787 |
Historical
Repository |
| 1988
etc. |
Day
books, accounts, U.S. Loan Office journal and receipts of the
State Treasurer, 1791-1869 |
Private Individual |
| 1989 |
Seven original
enrolled laws, 1755-86 |
Private Individual
through
Manuscript/Book Dealer |
| 1989
etc. |
Records of
the New Jersey State Reformatory for Women,
1915-1974 |
Historical
Repository |
| 1990 |
Legislative
and governors’ papers, 1752-1798 |
Private Individual |
| 1990 |
Seventeen original
enrolled laws, 1762-1865 |
Manuscript/Book
Dealer |
| 1992 |
“An Act
concerning trespassing on lands for the purpose of gunning
and fishing,” 1912 |
Historical
Repository |
| 1992 |
“An Act
for Raising a Number of Men … for the Ensueing
Campaign,” 1764 |
Manuscript/Book
Dealer |
| 1993 |
Military records
of Lt. Col. Henry Hartford, 8th Regiment,
New Jersey Volunteer Infantry, 1862-65 |
Private Individual |
| 1994 |
Various court
and military records, 1761-1830 |
Private Individual |
| 1994 |
Records of
Mercer County Sheriff Samuel T. Atchley, 1899-1903 |
Private Individual |
| 1994 |
Records of
the New Jersey State Reformatory for Women,
1920-1960s |
Private Individual |
| 1995 |
“A Supplement
to an act entitled ‘An Act to incorporate the New
Jersey Patent Ship Bread Company’,” 1842 |
Private Individual |
| 1996 |
Records of
Governor Robert B. Meyner, 1954-58 |
Historical
Repository |
| 1996 |
Essex County
court records, 1804-05 |
Private Individual |
| 1996 |
Papers of Capt.
Thomas H. Ford, 1st Regiment, New Jersey
Cavalry, 1862-65 |
Private Individual |
| 1998 |
“An Act
to regulate Waggons & other Wheel Carriages …,”
1787 |
Private Individual
through
Manuscript/Book Dealer |
| 1999 |
“An Act
to raise a Fund for defraying Damages done by Dogs …,”
1763 |
Private Individual
through
Manuscript/Book Dealer |
| 2001 |
Elizabethtown
Survey Book C, 1736-57 |
Manuscript/Book
Dealer |
| 2001 |
Burlington
County Deed Book A, 1785-88 |
Private Individual
through
Manuscript/Book Dealer |
| 2002 |
Monmouth County
Clerk’s Office, Miscellaneous Book B, 1780-1816 |
Private Individual |
| 2002 |
Ewing Township
minute book and vital statistics register, 1834-78 |
Private Individual |
| 2002 |
Four
original colonial laws and one colonial passed bill, 1760-67 –
see Bernstein
and Sang Donations event |
Private Individual |
| 2002 |
Twenty-two manuscripts, 1749-92 (mostly docketed correspondence
of Governor William Livingston) |
Private
Individual through
Manuscript/Book Dealer |
| 2003 |
Thirty
original enrolled laws, 1677-1862 – see Bernstein
and Sang
Donations event |
Historical
Repository |
| 2003
etc. |
Five
original enrolled laws relating to currency, 1723-87 |
Private
Individual through
Manuscript/Book Dealer |
| 2003
etc. |
Nineteen
original enrolled laws, 1772-89; letter from Thomas
Henderson to Gov. William Livingston, 1892 |
Historical
Repository |
| 2004 |
Legislative
and court papers, 1761-1901 |
Private Individual |
| 2004 |
“An
Act for defraying Sundry Incidental Charges,” 1782 |
Private
Individual through
Manuscript/Book Dealer |
| 2004 |
Bergen County
Jail commitment register, 1894-1904 |
Manuscript/Book
Dealer |
| 2004
|
“A Supplementary
Act … Appointing Commissioners for finally
Settling … Claims to the Common Lands of the Township of
Bergen …’,” 1769 |
Private Individual
through
Manuscript/Book Dealer |
| 2005 |
Two original
enrolled laws, 1783 & 1790 |
Private Individual |
| 2006
etc. |
Miscellaneous
official records of Gov. Brendan T. Byrne, 1979-81 |
Historical
Repository |
| 2006
etc. |
Accounts and
receipts of Burlington County Tax Collector John
Black, 1785-1813; Burlington County militia records, 1797-1804 |
Private Individual |
| 2006 |
Assembly Joint
Resolution No. 2 “relative to the soldiers’ National
Cemetery at Gettysburg,” 1864 |
Historical
Repository |
| 2007
etc. |
Ten original
enrolled laws, 1778-87; Amwell Township election
notification, 1777 |
Private Individual |
| 2007 |
Mercer County
Circuit Court minute book, 1844-47;
Cape Island/Cape May City oaths and bonds of public officials,
1851-87 |
Private Individual |
| 2008 |
Four original
enrolled laws, 1779-82 |
Private Individual
through
Manuscript/Book Dealer |
| 2008 |
Hunterdon County
militia muster roll, 1840 |
Private Individual |
| 2008 |
State Treasurer
pay records and attendance certificates, 1783-98 |
Private Individual |
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